Michael V. Severo and Georgina C. Severo - Page 2




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               period of limitations precluded respondent from                        
               collecting petitioners’ outstanding 1990 Federal income                
               taxes.  After a hearing was held, respondent mailed to                 
               petitioners an adverse notice of determination relating                
               to the NFTL and an adverse decision letter relating to                 
               the notice of intent to make a second levy.                            
                    Held:  We have no jurisdiction over respondent’s                  
               decision letter relating to respondent’s notice of                     
               intent to make a second levy, and the Court will                       
               dismiss sua sponte all issues relating thereto.                        
               Kennedy v. Commissioner, 116 T.C. 255, 261-262 (2001).                 
                    Held, further, under 11 U.S.C. sec. 523(a)(1)(A)                  
               (1994), petitioners’ outstanding 1990 Federal income                   
               taxes were not discharged by the 1998 bankruptcy                       
               discharge order.                                                       
                    Held, further, with regard to the facts involved                  
               in this case, sec. 6503(h), I.R.C., not sec. 6503(b),                  
               I.R.C., controls and suspends the running of the                       
               collection period of limitations from the date                         
               petitioners’ bankruptcy petition was filed to a date 6                 
               months after the bankruptcy court issued its order of                  
               discharge.  Accordingly, the period of limitations for                 
               collecting petitioners’ outstanding 1990 Federal income                
               taxes had not expired at the time petitioners requested                
               an Appeals Office hearing.  Richmond v. United States,                 
               172 F.3d 1099 (9th Cir. 1999), followed.                               


               Michael V. Severo, for petitioners.                                    
               Gavin L. Greene, for respondent.                                       


                                       OPINION                                        
               SWIFT, Judge:  This matter is before us in this collection             
          action under Rule 121 on the parties’ cross-motions for summary             
          judgment as to both respondent’s notice of Federal tax lien                 
          filing (NFTL) and respondent’s notice of intent to make a second            
          levy.                                                                       





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